Texas Attorney General Opinion: JM-602 Page: 2 of 4
4 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable Mike Driscoll - Page 2 (JM-602)
(2) a person primarily or secondarily
engaged in the business of lending money at
interest; or
(3) a collection agency or collection
agent.
(c) A person may be represented by an attorney
in small claims court.
(d) This section does not prevent a legal heir
from bringing an action on a claim or account
otherwise within the jurisdiction of the court.
(Emphasis added).
In response to your first question, a doctor is authorized under
subsection (c) to represent himself in small claims court. The
legislature's use of the term "may" in subsection (c) implies that the
use of an attorney in small claims court is not mandatory; and,
therefore an individual may also represent himself. Also relevant to
these issues is subsection (a) of section 28.012 of the Government
Code which provides:
To institute an action in small claims court,
the claimant or a personal representative of the
claimant must appear before the judge and file a
statement of the claim under oath. (Emphasis
added).
Consequently, we believe that the implications to be drawn from sub-
section (c) of section 28.003 and subsection (a) of section 28.012
mean that a non-lawyer may represent himself in small claims court.
Prior to 1985, the law governing small claims court was codified
in article 2460a, V.T.C.S., which is now codified in sections 28.003
and 28.002 of the Government Code as quoted above. See Acts 1985,
69th Leg., ch. 480, 26(1), at 4085, eff. Sept. 1, 1985. The Govern-
ment Code was enacted as a part of the state's continuing statutory
revision program in which the legislature did not contemplate any
substantive change. See Gov't. Code 11.001. Therefore-, former
article 2460a, section 2, and the above quoted provisions of the
Government Code explicitly provide that all persons, firms,
partnerships, associations or corporations engaged, either primarily
or secondarily, in the business of lending money at interest,
assignees of actions, and collection agencies and agents are precluded
from maintaining actions on behalf of their clients in small claims
courts.
The purpose for the small claims court was to provide a forum to
place justice within the reach of litigants, who were previouslyp. 2691
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-602, text, December 30, 1986; (https://texashistory.unt.edu/ark:/67531/metapth273040/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.